§ 34-51-3-6 Payment and allocation of damages

Codes > Indiana Code > Title 34 > Article 51 : Chapter 3 > 34-51-3-6 Payment

34-51-3-6 Payment and allocation of damages

    Sec. 6. (a) Except as provided in IC 13-25-4-10, when a finder of fact announces a verdict that includes a punitive damage award in a civil action, the party against whom the judgment was entered shall notify the office of the attorney general of the punitive damage award.

    (b) When a punitive damage award is paid, the party against whom the judgment was entered shall pay the punitive damage award to the clerk of the court where the action is pending.

    (c) Upon receiving the payment described in subsection (b), the clerk of the court shall:

        (1) pay the person to whom punitive damages were awarded twenty-five percent (25%) of the punitive damage award; and

        (2) pay the remaining seventy-five percent (75%) of the punitive damage award to the treasurer of state, who shall deposit the funds into the violent crime victims compensation fund established by IC 5-2-6.1-40.

    (d) The office of the attorney general may negotiate and compromise a punitive damage award described in subsection (c)(2).

    (e) The state's interest in a punitive damage award described in subsection (c)(2) is effective when a finder of fact announces a verdict that includes punitive damages.